Search Decisions

Decision Text

AF | BCMR | CY2007 | BC-2007-01362
Original file (BC-2007-01362.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-01362
            INDEX CODE: 110.00
      XXXXXXX                     COUNSEL:  NONE
                                  HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: 5 NOVEMBER 2008

______________________________________________________________

APPLICANT REQUESTS THAT:

1.  The board determine the grade to which he is entitled.

2.  He receive an ID card reflecting the new grade.

3.  He receive retirement pay effective 10 Nov 1972 in the new grade.

________________________________________________________________

APPLICANT CONTENDS THAT:

The current information in his records reflect "Discharged" and he believes
this is not possible considering there has not been any legal  activity  to
execute his discharge, which is a requirement. He states his commission was
bestowed on him in the category of the Officer's Reserve  Corps  and  there
are only two possibilities that he is aware of  that  would  terminate  his
commission, one being a court martial  and  the  other  a  resignation  and
neither has occurred.  Therefore he believes he is still an officer in  the
Army or Air Force or both.

In  support  of  his  request,  the  applicant  submits  several   personal
statements, WDAGO Form No 55 - Honorable Discharge from  the  Army  of  the
United  States,  his  Enlisted  Record,  AFPDC   Form   50   -   Assignment
Recommendations, Air Force Reserve Qualification Data; WDAGO Form No 100  -
Separation Qualification Record and copies of several special orders.

His complete submission, with attachments, is attached as the only Exhibit.

________________________________________________________________

STATEMENT OF FACTS:

Military personnel records pertaining to the applicant are unavailable.   It
appears his records  may  have  been  destroyed  by  fire  at  the  National
Personnel Records Center (NPRC), St. Louis, Mo,  in  1973.   Therefore,  the
facts surrounding his military service cannot be verified.   Data  extracted
from information provided by the applicant reflects he enlisted in the  Army
as an Aviation Cadet on 27 Feb 42 and was  discharged  on  9  Nov  42  after
completion of training.  On 10 Nov 42, he entered the  Army  Air  Force  and
served in various assignments until his separation on 30 Oct 45.
________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was not timely filed; however, it is in the interest
of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error  or  injustice.   While  the  applicant's  request  is
somewhat ambiguous, it appears he is asking that  the  Board  determine  the
status of his commission as an officer in the Air Force contending  that  he
was never separated from his Reserve status; and therefore, is eligible  for
retirement consideration.  This Board is not an investigative  body  and  as
in all cases presented before us, the burden of  proving  the  existence  of
either an error  or  injustice  rests  solely  upon  the  shoulders  of  the
applicant.  In order to qualify for  an  active  duty  retirement,  the  law
requires that a servicemember serve  at  least  20  years  on  active  duty,
unless otherwise authorized by law.  In  order  to  qualify  for  a  Reserve
retirement,  a  servicemember  must  participate  and  accrue  20  years  of
satisfactory  Federal  service,  unless   authorized   otherwise   by   law.
Unfortunately the applicant's records appear to have been destroyed by  fire
at the NPRC in  1973.   The  only  documentation  available  to  verify  his
military  service  is  that  submitted  by  the  applicant.    Documentation
provided reflects he served in the Army and Army Air Force from  27  Feb  42
until his separation on 30 Oct 45 in the grade of first lieutenant.  We  are
unable to find any documentation in the evidence presented before us,  which
shows service meeting the requirements established  by  law  for  either  an
active or Reserve retirement or that he  attained  rank  higher  than  first
lieutenant.  Furthermore, a review of  the  information  maintained  in  the
military personnel data system failed  to  show  the  existence  of  service
qualifying for retirement or that he served in any grade higher  than  first
lieutenant.  We are not ungrateful or unappreciative of his service to  this
nation and our determination in no way is meant to demean his  contributions
and service.  However, in the absence of evidence contrary to the above,  we
find no compelling basis to recommend granting the  relief  sought  in  this
application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

______________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did  not  demonstrate
the existence of material error or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only be
reconsidered upon the submission of newly discovered relevant evidence  not
considered with this application.

________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2007-01362
in Executive Session on 2 October 2007 under the provisions of AFI 36-2603:

                 Ms. Cathlynn B. Novel, Panel Chair
            Ms.  Jan Mulligan, Member
            Mr. Mark J. Novitski, Member

The following documentary evidence pertaining to AFBCMR Docket  Number  BC-
2007-01362 was considered:

              Exhibit - DD Form 149, dated 10 Apr 07, w/atchs.




      CATHLYNN B. NOVEL
      Panel Chair

Similar Decisions

  • AF | BCMR | CY2007 | BC-2006-01234

    Original file (BC-2006-01234.doc) Auto-classification: Denied

    The board determine the grade to which he is entitled. ______________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ...

  • AF | BCMR | CY2007 | BC-2006-03297

    Original file (BC-2006-03297.DOC) Auto-classification: Denied

    On 9 March 1943, he was honorably discharged to accept a commission as a second lieutenant in the Air Corps Reserve and was subsequently ordered to active duty on 10 March 1942. The DPPPR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant finds the Air Force advisory opinion inaccurate as well as insulting. The documentation to which the advisory opinion refers was contained in his original...

  • AF | BCMR | CY2007 | BC-2007-02381

    Original file (BC-2007-02381.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02381 INDEX CODE: 100.00, 107.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 2 FEB 09 _________________________________________________________________ APPLICANT REQUESTS THAT: His WD AGO 53-55, Enlisted Record and Report of Separation Honorable Discharge, item 33, be corrected to reflect “sharpshooter” and item 36, be corrected to reflect his European...

  • AF | BCMR | CY2007 | BC-2006-02850

    Original file (BC-2006-02850.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR recommends the applicant’s request for award of the PH be denied. They state the PH is awarded for wounds received as a direct result of enemy action and the wounds must have received treatment by medical personnel. _________________________________________________________________ The following members of the Board this application in Executive Session on 21 February 2007, under the...

  • AF | BCMR | CY2006 | BC-2006-00002

    Original file (BC-2006-00002.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00002 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 7 JUL 07 _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was awarded the Bronze Star Medal (BSM) and the Purple Heart (PH). The applicant’s WD AGO Form 53-33, Enlisted Record and Report of Separation...

  • AF | BCMR | CY2005 | BC-2005-00981

    Original file (BC-2005-00981.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00981 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 24 SEP 06 _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded. On 21 April 2005, the Board staff requested the applicant provide post- service documentation and requested he...

  • AF | BCMR | CY2007 | BC-2007-01141

    Original file (BC-2007-01141.doc) Auto-classification: Denied

    We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or an injustice. There was no documentation found in the applicant’s military records or provided by him to support he served in an area of eligibility for award of the VSM. ...

  • AF | BCMR | CY2006 | BC-2006-02513

    Original file (BC-2006-02513.DOC) Auto-classification: Approved

    After the encounter, the airman involved reported the incident to Air Force authorities. DPPRS states the applicant was separated from the Air Force under the provisions of AFR 35-66, Discharge of Homosexuals, with an undesirable discharge. NOVEL Panel Chair DEPARTMENT OF THE AIR FORCE WASHINGTON DC [pic] Office Of The Assistant Secretary AFBCMR BC-2006-02513 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of...

  • AF | BCMR | CY2007 | BC-2006-03346

    Original file (BC-2006-03346.DOC) Auto-classification: Denied

    Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. _________________________________________________________________ The following members of the Board considered Docket Number BC-2006- 03346 in Executive Session on 7 March 2007, under the provisions of AFI 36- 2603: Ms. Cathlynn B. Exhibit C. Letter, SAF/MRBR, dated 19 Jan 07.

  • AF | BCMR | CY2007 | BC-2007-03569

    Original file (BC-2007-03569.doc) Auto-classification: Approved

    The applicant had less than 2 years TIG on her requested retirement date of 1 Aug 01 and did not qualify for the waiver to retire with two years TIG. If a waiver to the 3-year TIG requirement had existed on 1 Feb 03, her retired pay would still be the same. There is no difference in benefits accorded to her if retired in the grade of major or retired in the grade of Lt Col. HQ AFPC/DPPRRP’s evaluation, with attachment, is at Exhibit...